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All Journal RETORIKA: Journal of Law, Social, and Humanities
M. Jihan Febriza
Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Bagi Para Pihak Dalam Perjanjian Leasing di Indonesia Anggi Tradesa; M. Jihan Febriza
RETORIKA: Journal of Law, Social, and Humanities Vol. 4 No. 2 (2026): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v4i2.1542

Abstract

This study aims to analyze the forms of legal protection for the parties, particularly the lessee, in leasing agreements in Indonesia, as well as examine the legal protection mechanisms in ensuring legal certainty and justice in leasing financing practices. This study uses a normative legal method, which views law as written norms in legislation and legally binding behavioral guidelines. The research approach includes a statutory approach and a conceptual approach to understand relevant legal concepts. Primary, secondary, and tertiary legal materials are processed through inventory, classification, and systematization to facilitate analysis. The analysis is conducted using grammatical, systematic, and teleological legal interpretations, as well as legal theories and principles as analytical tools to assess the forms and mechanisms of legal protection. The results show that legal protection in leasing agreements is sourced from the Civil Code, OJK regulations, and the Consumer Protection Law, but standard agreement practices still place the lessee in a weaker bargaining position. Preventive and repressive mechanisms are available, but their effectiveness is limited, so legal protection must be designed in an integrative manner to ensure contractual certainty, balance, and justice.
Asas Konsensualisme dalam Perjanjian Jual Beli Elektronik Perspektif Hukum Positif Indonesia M. Jihan Febriza
RETORIKA: Journal of Law, Social, and Humanities Vol. 3 No. 1 (2024): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v3i1.1577

Abstract

This study aims to (1) analyze the construction of the principle of consensualism in electronic sales and purchase agreements based on Indonesian positive law; and (2) examine the implications of the application of the principle of consensualism on the legal certainty and binding force of electronic contracts. The study uses a normative legal method with statutory and conceptual approaches. he legal materials for this study were obtained from primary, secondary, and tertiary legal materials. All legal materials were analyzed through logical, systematic, and deductive legal reasoning, applying grammatical, systematic, teleological, and historical interpretations, which were constructed using legal theory and legal principles. The results of the study indicate that,  the first, the principle of consensualism remains the basis for the validity of electronic agreements, where agreements expressed through digital systems meet the requirements for a valid agreement, and electronic documents and signatures are legally recognized. Second, electronic contracts bind the parties, and their implementation must comply with the principles of legal certainty, good faith, justice, and consumer protection, thereby reinforcing the legitimacy, enforceability, and legal certainty of electronic transactions in Indonesia.
Keabsahan Persetujuan Elektronik dalam Pembentukan Perikatan Digital M. Jihan Febriza; Burhanudin; Al Pyan Syah Marszedi
RETORIKA: Journal of Law, Social, and Humanities Vol. 5 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v5i1.1664

Abstract

This study aims to analyze the validity of electronic consent in the formation of digital obligations under Indonesian law and to formulate a legal framework for obligations that ensures legal certainty regarding its use in digital transactions. The research employs a normative legal research method, utilizing both statutory and conceptual approaches. Legal materialscomprising primary, secondary, and tertiary sources were gathered through literature review and subsequently analyzed using legal interpretation, legal theory, and legal principles. The findings indicate that electronic consent constitutes a valid expression of intent, provided it meets the requirements for a valid agreement, is given freely without defects of will, and is supported by an electronic system that is reliable, secure, and accountable. Ensuring legal certainty regarding its use requires a legal framework for obligations that integrates established principles of contract law with the unique characteristics of digital transactions through the harmonization of norms and the strengthening of electronic evidentiary mechanisms; such a framework would provide legal protection, ensure a balance of positions between the parties, foster trust in digital transactions, and reinforce legal certainty in the conduct of electronic commerce in Indonesia
Co-Authors Al Pyan Syah Marszedi Anggi Tradesa Burhanudin